Socializing States: Promoting Human Rights through International Law

Ryan Goodman and Derek Jinks

Abstract

How can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all—how it might change the behavior or preferences of actors. What is needed is a greater emphasis on the mechanisms of law’s social influence—and the microprocesses that drive each mechanism. Such an emphasis would make clearer the microfoundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors ... More

How can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all—how it might change the behavior or preferences of actors. What is needed is a greater emphasis on the mechanisms of law’s social influence—and the microprocesses that drive each mechanism. Such an emphasis would make clearer the microfoundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only recommends re-examination of policy debates in human rights law; it also provides a conceptual framework within which the costs and benefits of various design principles might be assessed. The point is not that acculturation is the most important or most desirable approach to promoting human rights. The fundamental point is, instead, that a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law’s influence. The book’s aim is to improve the understanding of how norms operate in international society with a view to improving the capacity of global and domestic institutions to harness the processes through which human rights cultures are built.

End Matter

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